Current text in the TPE Editors' draft

5.2.8 Disregarding (D)

A tracking status value of D means that the origin server is unable or unwilling to respect a tracking preference received from the requesting user agent. An origin server that sends this tracking status value must detail within the server's corresponding privacy policy the conditions under which a tracking preference might be disregarded.

For example, an origin server might disregard the DNT field received from specific user agents (or via specific network intermediaries) that are deemed to be non-conforming, might be collecting additional data from specific source network locations due to prior security incidents, or might be compelled to disregard certain DNT requests to comply with a local law, regulation, or order.

Note that the D tracking status value is meant to be used only in situations that can be adequately described to users as an exception to normal behavior. An origin server that responds with D in ways that are inconsistent with their other published and unexpired claims regarding tracking is likely to be considered misleading.